Not upheld: Home insurance claim disputes complaint against QBE Europe SA/NV

Decision detail

Summary

Mr B, director of business W, complained that QBE Europe SA/NV unreasonably rejected a claim for stolen tools from a commercial vehicle under the 'Goods in Transit' section of the insurance policy. QBE rejected the claim because the policy excluded theft from unattended vehicles without outward signs of forced entry, and no such signs were evident. The representative argued that case law supported a broad definition of 'force' that should satisfy the policy requirement, but the ombudsman found no evidence of forced entry or confirmation the vehicle was properly secured. The ombudsman upheld QBE's decision to reject the claim as reasonable.

The Ombudsman's reasoning

The ombudsman found that it was the insured's burden to demonstrate that an insurable event occurred. While the representative cited case law defining 'force' broadly, the ombudsman determined this was not relevant because there was no evidence of outward signs of forced entry to the vehicle, nor was there evidence confirming the engineer had actually locked the vehicle and left it with the door closed. The policy clearly required outward signs of forced entry as a condition of cover, and this requirement was not met.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website